By Olasunkanmi Akoni A group, under the aegis of Human Rights Writers Association of Nigeria, HURIWA, has described the controvers...
By Olasunkanmi Akoni
A group, under the aegis of Human Rights Writers Association
of Nigeria, HURIWA, has described the controversial Company and Allied Matters Act,
CAMA, 2020 as a declaration of war on Christianity and agenda to Islamise
Nigeria by another means that must be resisted by all means.
HURIWA, therefore, charged President Muhammadu Buhari led
Federal Government to Immediately expunge what it called “Toxic Provisions” in
the CAMA, 2020.
Recall that on August 7, 2020, President Muhammadu Buhari
assented to the CAMA 2020, which repeals and replaces the CAMA, 1990.
The controversial section 839 (1) and (2) provides that
religious bodies and non-governmental organisations will be strictly regulated
by the Registrar-General of Corporate Affairs Commission, CAC, and a
supervising minister.
The law also wields power to suspend the trustees of an
association or a religious body and appoint an interim manager or managers to
coordinate its affairs where it reasonably believes that there had been any
misconduct or mismanagement, or where the affairs of the association are being
run fraudulently or where it is necessary or desirable for the purpose of
public interest. Consequently, the leadership of the Christian Association of
Nigeria CAN have earlier condemned CAMA, 2020, calling for its immediate
suspension.
CAN President, Rev Dr. Samson Ayokunle, said, “The law, to
say the least, is unacceptable, ungodly, reprehensible and an ill-wind that
blows no one any good. It is a time bomb waiting to explode.”
Similarly, HURIWA, a prominent civil rights advocacy group,
maintained that the act sought to dis-empower Non-Governmental Bodies and
Churches so as to shut up Independent voices and opinions, which is a direct
affront on constitutional democracy and a new form of dictatorship.
National Coordinator and Director, Media Affairs, Emmanuel
Onwubiko and Miss Zainab Yusuf, respectively, in a joint statement on Saturday,
stressed that it is reasonable and intuitive, within a liberal normative and
institutional framework, to expect that human rights conditions would improve
when a country makes the transition from an authoritarian government to
democratic rule.
HURIWA noted, “A more recent obstacle to the enjoyment of
fundamental freedoms and human rights as encapsulated in the Nigerian
Constitution and international agreements that Nigeria signed into, which
includes the Universal Declaration of Human Rights, International Covenant on
Civil and Political Rights, and the African Charter and People’s Rights is the
amendments to the CAMA, 2020, which forms the fulcrum of the statement.”
Onwubiko continued, “On the crest of the desire of the
people, the bill that sought to bring the religious organisations and NGOs
under the control and influence of the government was rejected because it would
kill the church, but regrettably it is now smuggled into CAMA through the
ambush and making the rejected bill a law.
“This is of utmost concern because the establishment of a
church has a spiritual foundation and the invitation of a manager who obviously
does not share the spiritual insight of the founders of the church would
undermine the church, insidiously defeating its purpose.
“Again, we discovered that CAC which will control Churches
and NGOs has always been controlled by Hausa Fulani Moslem Northerners since
inception. Even when Mrs Azinge acted briefly, President Buhari brought up
kangaroo charges of non-declaration of assets to unseat her so as to make way
for the candidate of the Moslems, controlled from the Sultanate in Sokoto.
“How then can a non-Christian head of government ministry be
empowered to determine the running of the church as envisaged by the CAMA 2020.
“We are worried that this amendment would lead to the revocation of licences of
not only NGOs but also religious bodies and other similar CSOs.
It would also have disastrous consequences for the daily
lives of ordinary Nigerians and to society more broadly.”
HURIWA, further contended that “The clause in section 839 of
CAMA which shows that an order of the court is required to suspend the trustees
of an NGO under that section the extant principles of Nigerian administrative
law are adequate to ensure that the wrongful exercise of the regulatory powers
of the CAC is brought under the supervisory control of the courts is misleading
and deceptive owing to the sabotage and the undermining going on in our
nation’s judicial system.
The judiciary has been hijacked by the Executive because the
head of the Nigerian judiciary and the Chief Justice of Nigeria was rsik roaded
into office by the Executive controlled Code of Conduct Tribunal.
“So this crippled judiciary can’t guarantee fair hearing in
the event that a case is lodged against any action of the government against
any NGO deemed unsatisfactory under the controversial CAMA 2020.
“While we are not
against the government fighting corruption wherever it may be found as claimed
by the proponents and supporters of the amendment, we completely reject the
idea of bringing the church, which is technically grouped among the NGOs, under
control of the government.”
According to HURIWA, “Assenting to the CAMA 2020, which
repealed the CAMA 1990, despite its rejection at the public hearing is a
declaration of war on Christianity and a further agenda to Islamise Nigeria by
another means and must be resisted by all means.
“More so, the operational independence of plurality of
voices in a democracy which these amendments to CAMA seek to undermine is
tantamount to taking away the right to liberty and freedom and thus constitutes
a huge obstacle to the enjoyment of fundamental freedoms and human rights as
encapsulated in the Nigerian Constitution, Universal Declaration of Human
Rights, International Covenant on civil and political rights and the African
Charter on HUMAN and people’s rights.
“Besides, Nigeria as a constitutional democracy, cannot be
making a law that makes the executive arm of government far and above the other
arms or segments of government when the ground norm envisaged a clear
delineation or Separation of powers in section 4,5 and 6 of the Nigerian
Constitution.
“Therefore, section 839 of the CAMA 2020 is a direct affront
on constitutional democracy, aimed at attacking freedom of speech, civil space
and abrogate property and economic rights.
“This is not different from the military takeover of a
government that has just happened in Mali. We wonder how President Buhari will
be condemning the coup in Mali but happily staging a military or dictatorial
coup against Churches and non-governmental bodies and CSOs.
“HURIWA is totally in support of Rev. David Oyedepo and the
organised body of Christians that opposed the amendments. “We join our voices
with theirs to task the federal government to immediately expunge those toxic
provisions. We also urge Nigerians to institute multiple court cases to
challenge these illegalities.
“In Nigeria, there is a clear separation between church and
state and it is strange for the government to enjoy the arbitrary powers to suo
moto nominate trustees for organisations that are Non-Governmental because this
is a direct injury to the operational independence of non-governmental groups
and a way to kill the vibrancy of the civil society.”
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